On November 18th, the Internal Revenue Service issued Notice 2016-70 which:
Are you an employer trying to sort through all the changes to the Affordable Care Act? If so, join Coolidge Wall Labor & Employment attorney R. Brent Gambill on July 27th in Columbus, OH, at the Sterling Education Services Affordable Care Act Seminar. This in-depth seminar has been approved for CLE credits for both the legal industry and HR industry and will address the following topics:
Once the Affordable Care Act was passed, employers began reviewing their options about providing health insurance coverage to employees. One option continually referenced in the news was how employers were considering reducing employee hours to avoid providing health insurance coverage. One employer is now the subject of a class action law suit that claims the employer violated ERISA when it reduced employee hours to avoid providing health insurance coverage. Marin v. Dave & Buster's, Inc., S.D.N.Y. No. 1:15-cv-036081.
The IRS has unexpectedly extended the deadlines by which insurers and self-funded employers must provide health plan enrollment and coverage information to employees and the IRS under the Affordable Care Act. This is the information required to be reported on Forms 1094 and 1095. Notice 2016-4 issued December 28 extends the due dates:
The monolithic Consolidated Appropriations Act of 2016, which became law December 18, changes the effective date of the Affordable Care Act's so-called "Cadillac" tax.
On June 25th the Supreme Court ruled that premium tax credits provided by the Affordable Care Act (ACA) to help individuals of low or moderate income to buy health insurance either on state- or federally-managed marketplaces are lawful. This means that people in all states, including the 34 states with federally-facilitated marketplaces, will continue to have access to the tax credits. Because of the Court's 6 to 3 ruling in King v. Burwell, ACA will remain unchanged, and individuals, employers, and health insurers must continue to comply with the law's individual and employer coverage mandates.
Previously the IRS announced that employer payment plans would violate the Affordable Care Act and subject an employer to penalties. An employer payment plan is a plan under which an employer reimburses an employee for all or part of the premium for an individual health insurance policy. The penalty for this arrangement is $100 per participant/per day.
The Affordable Care Act requires health plans to cover "preventive services" at no cost to participants. The federal government has identified 20 forms of contraception that are required to be included as part of preventive services. Various "for-profit" companies have challenged ACA's birth control coverage requirement in about 50 lawsuits now pending across the country. Many of these employers are family owned, closely held or controlled companies whose owners object to the provision of contraceptive coverage on faith-based grounds.
The federal government recently issued final regulations that apply to the "employer mandate" or "play or pay" provisions under the Affordable Care Act (ACA). These provisions require employers with 50 or more employees to offer full-time employees (and their dependents) the opportunity to enroll in an adequate and affordable employer-sponsored health plan or pay a penalty. Last year, the government postponed enforcement of the new mandate until 2015. Now, the government has provided a further delay for employers with 50 to 99 employees and modified for one-year the coverage requirement that applies to employers with 100 or more employees:
The Supreme Court agreed on November 26, 2013 to hear the religious challenges of Hobby Lobby Stores and Conestoga Wood Specialties Corp. to the contraceptive coverage requirements of the Affordable Care Act. While not on the Supreme Court website calendar yet, the latest information indicates the cases will be heard in March. The Court has consolidated the two cases and scheduled only one hour of argument for both cases.